USER AGREEMENT / Terms of Service
This user agreement (hereinafter referred to as “User Agreement") between you (hereinafter referred to as the “User” or “you”) and CastPages (hereinafter referred to as "CastPages" “we” “us” or “our”) describes the terms and conditions to (hereinafter referred to as “Terms”) by which offers you access to our services and website. If you have a question about this User Agreement, please contact us by sending an e-mail to CustomerService@TalentRock.com. This User Agreement was last revised on 03/27/2006 .

1. Acceptance of Terms.
1.1. By using this website or any service, you agree to all Terms which may be amended at any time. Your continued use of these services will signify acceptance of any amended Terms. If you do not agree to the changes, you may discontinue your registration by sending an email request to CustomerService@TalentRock.com.
1.2. The Terms may not be otherwise amended except in writing signed by both parties. Throughout this User Agreement, (i) the phrase "in our discretion" or "in its discretion" means in our sole and arbitrary discretion and (ii) the term "including" means including without limitation. We reserve the right to reject this User Agreement for any reason or no reason, prior to acceptance thereof by the User. Activation of any service shall indicate CastPages‘s acceptance of this User Agreement, but does not obligate Us to provide access to any or all services, such access to be provided at the sole discretion of .

2. Eligibility; Registration.
2.1. Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the services are not available to minors. Further, the services are not available to parties whose use of the services has been suspended or terminated.
2.2. To use the services, you must submit a complete registration form on behalf of yourself that will be using the services. By accepting this User Agreement, you represent that you are (a) eighteen years (18) or older or (b) have permission from your parent or guardian. You shall provide current, complete and accurate registration information (including email address and credit card information), and then update the information as required to keep the registration information current, complete and accurate.
2.3. As a subscription service, We may require the User to provide account identification/authentication information for payment including credit card. By providing such payment alternatives to CastPages, you are explicitly authorizing to charge these payment sources to pay for your use of the services. It is important to keep your registration information current, complete and accurate, especially your email address and your payment information.

3. Website and Services.
3.1. Right to Refuse Services. CastPages may refuse its services to anyone at any time, in its sole discretion. CastPages reserves the right to discontinue, temporarily or permanently, any or all of our services to anyone at any time, with or without notice. CastPages will refund the User a pro-rated amount charged for the month of prepaid service for which refused or discontinued services, as such amounts are determined by CastPages, only if (i) CastPages exercises its right to refuse or discontinue service under this section, and (ii) the User has prepaid for the refused or discontinue services. CastPages shall not be liable to the User or any third-party for any termination of access to the hosting service except as set forth herein.
3.2. License. You grant a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in any information you provide us, in any media now known or not currently known, for the purpose of offering our services.
3.3. Privacy. CastPages will only use your information in accordance with our Privacy Policy. The terms of the Privacy Policy are incorporated by reference into this User Agreement. Please note that when you voluntarily disclose personal information, that information may be collected and used by others.
3.4. Confidentiality. All information provided by you is confidential and proprietary to and must be used according to the terms of this User Agreement. You agree not to provide any confidential or proprietary information received from CastPages to any business entity that may compete with CastPages. Any violation of confidentiality is grounds for immediate termination.
3.5. Passwords and Security. You will at all times maintain the confidentiality of your user names and passwords. You are responsible for all activity with your services. If there is a breach of security through your account, you must immediately change your password and notify us at CustomerService@TalentRock.com. (notify email address) You will be liable for any unauthorized use of our services until you notify us of the security breach.
3.6. Accurate and Complete Information. You will provide to Us only true, accurate, current and complete information, including, as applicable, your address, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. CastPages has the right to recover from you any costs or losses incurred as a direct or indirect result of any false, inaccurate or incomplete information.
3.7. Post Sale Management. You will use CastPages’s post sale management tools solely for the purpose of marketing yourself. You may not use this service or any other of our services to send any (i) communications that include defamatory, libelous, unlawfully threatening or harassing statements or any material that would violate the letter or spirit of this User Agreement, or (ii) unsolicited commercial email or 'spam.'
3.8. Limited Agency. You authorize Us to access third-party marketplaces with which you have usage agreements, on your behalf, to retrieve and post information and materials necessary to provide our services to you, and you hereby appoint Us as your agent for this limited purpose. You permit Us to use such retrieved information and materials to accomplish the foregoing, and to communicate with your customers on your behalf. You acknowledge that our services may or may not provide all the information and functionality that you could obtain directly from the marketplaces.
3.9. General Compliance with Laws. You will comply with all applicable laws, statutes, ordinances and regulations in your use of our services.

4. Communications from the Site.
4.1 Special Offers and Updates. We send all new users a welcoming email to verify password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.
4.2 Newsletter. If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users’ privacy we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.
4.3 Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
4.4 Customer Service. We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

5. Fees.
5.1. Generally. Changes to fees and payment terms are effective immediately unless otherwise indicated, and it is your responsibility to check for any changes. You agree to pay us for using our services in accordance with our then current fee schedule. All fees are payable in U.S. Dollars unless stated otherwise and will not be treated as paid until actually received by in same-day and freely available funds. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. We reserve the right to change prices at any time. We may correct typographical and printing errors related to prices at any time.
5.2. Monthly Fees. Following registration, We will charge you the non-refundable, prepaid monthly hosting fees for websites and email . Hosting fees will be charged until you cancel your subscription or change to another plan. All monthly fees will be charged until you cancel your subscription.
5.3. Credit Cards. You will be required to place a credit card (Visa, MasterCard, or Discover) on file for automatic billing prior to using services that generate user fees or other services for which requires a credit card on file. Your account may be suspended for non-payment. You may close your account by sending your request in writing or sending us a request using the contact us form. You will reimburse Us for any costs arising from initiation of collection activity.
5.4. Billing Cycles. CastPages will determine your account's billing cycle, which will determine your invoicing date as well as your payment due date. CastPages may charge your credit card for any unpaid account balance at any time, but may, in its discretion, defer charging your card. CastPages may immediately charge all unpaid balances if you close your account. Without limiting any other remedy, CastPages may terminate any services immediately should be unable to charge your credit card.
5.5. Discounts, Credits and Refunds. CastPages may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. You may request credits to your account by contacting customer service. Credits will be granted in CastPages's discretion. Any refunds will be made in credits to your account. You will not be entitled to a refund in the event we cancel your services for a violation by you of these Terms and conditions or if you have not used the services.

6. Content.
6.1. Terms. Content made available by CastPages, including software (collectively, "Content") is the copyrighted work of and/or its suppliers. Your use of the Content is governed by the terms of the end user agreement, if any, which accompanies or is included with the Content ("license agreement"). You may not install or use any Content that is accompanied by or includes a license agreement unless you first agree to the license agreement terms.
6.2. License. For any Content not accompanied by a license agreement, CastPages grants you, the User, a personal, nontransferable license to use the Content for viewing and otherwise using the website in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
6.3. Intellectual Property. All Content is owned by and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Content to any other server or location for further reproduction or redistribution is expressly prohibited. The Content is warranted, if at all, only according to the terms of the license agreement and is subject to the disclaimers of these Terms.
Reproductions and alterations of individual product images and descriptions may be used for marketing and reselling purposes. You must receive written consent from CastPages for any other use or any modification of product images and other copyrighted materials.

7. No Warranty.
We, our affiliates, officers, directors, employees and suppliers provide our website and services “as is” and without warranty or conditions, express, implied or statutory. We, our affiliates, officers, directors, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability or fitness for a particular purpose and non-infringement. Some states do not allow the foregoing; therefore, the foregoing may not apply to you. You may have other rights that vary from state to state.

8. Indemnity and Disclaimer.
8.1. Indemnity. You will, at your own expense, indemnify, defend and hold CastPages and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense, arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this User Agreement by you; (c) any third-party claim, action or allegation brought against arising out of or relating to a dispute with you over the terms and conditions of an agreement related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, of the provisions, of its services or use of your account by any third party. CastPages will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claim on CastPages's behalf without the prior written consent of CastPages .
8.2. Disclaimer. Neither CastPages nor its suppliers will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this User Agreement even if We or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the services. Our liability, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the six (6) months prior to the action giving rise to liability, or (b) $100.00. No advice or information from Us or its suppliers, whether oral or written, shall create any warranty not expressly stated in the Terms of Use of this User Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damage, so the above limitation or exclusion may not apply to you.

9. Additional Terms.
The following policies are incorporated into this User Agreement by reference and provide additional terms and conditions related to specific services offered by CastPages . Each of these policies may be changed from time to time and are effective immediately after we post the changes on the website. In addition, when using particular services, you agree you are subject to any posted policies and rules applicable to services you use, which may be posted from time to time. All such posted policies and rules are incorporated herein by reference.
9.1. Termination at Discretion. In our discretion, we may immediately issue a warning, temporarily suspending, or terminating your registration, and delete information you have provided us if you breach any provision of this User Agreement. This section does not limit any other remedies that may be available to CastPages.
9.2. Third Party Services. Our services rely in part on the proper functioning and interaction of third party websites, services and software with the website and software. For example, our customer manager uses a third party to review emails for ‘spam’ or viruses. Failure of, or changes to, these services or misconduct by such third parties or their websites, services or software may affect our provision of services. CastPages is not liable for any third party actions or omissions.
9.3. Third Party Agreements. You will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to the use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sales.
9.4. No Agency. Except for the limited purpose stated in the 'Limited Agency' section, you are an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
9.5. Notices. Except as explicitly stated otherwise, any notices will be given by email to (in the case of ) or to the email address you provide to during the registration process (in your case), or such other address as the party will specify. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
9.6. Arbitration. Any controversy or claim in any way arising out of or relating to this User Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Orlando, Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CastPages may seek any interim or preliminary relief from a court of competent jurisdiction in Florida necessary to protect the rights or property of you or CastPages pending the completion of arbitration.
9.7. Governing Law. Florida law will govern this User Agreement, except for the body of law relating to conflicts of law. Subject to the Arbitration section, venue for any legal action will be the state courts of Orange County, Florida or the federal courts of the United States District Court, Middle District of Florida. The prevailing party in any litigation in connection with this User Agreement will be entitled to recover from the other party its costs and reasonable attorneys' fees and other expenses.
9.8. Waivers. A party's failure to enforce any provision of this User Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
9.9. Entire Agreement. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that you are not entering into this User Agreement in reliance on any statements or representations other than those set forth herein.
9.10. Severability. If one or more of the provisions of the policies and procedures in this User Agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures’ remaining provisions, or any provision in the manual, shall continue in full force and effect.
9.11. Assignment. This User Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without CastPages’s prior written consent, and any such conveyance will be null and void.
9.12. Conflict. Should any term or condition be in conflict between this User Agreement and any document incorporated by reference into this User Agreement, the Terms of this User Agreement will control.
9.14. Access. We do not guarantee continuous, uninterrupted secure access to our services, and operation of the website may by interfered with by factors outside our control.
9.15. Disclosures. The services hereunder are provided by CastPages, located at 127 W Church St. Orlando, FL 32801.